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NISTLER v. FOOTLOCKER RETAIL, INC.

No. 99,329.

196 P.3d 395 (2008)

Mark NISTLER, Appellant, v. FOOTLOCKER RETAIL, INC. and American Casualty Co. of Reading, Pennsylvania, Appellees.

Court of Appeals of Kansas.

November 21, 2008.

Attorney(s) appearing for the Case

David P. Troup, of Weary Davis, L.C., of Junction City, for appellant.

Eric K. Kuhn and Stephen M. Kerwick, of Foulston Siefkin LLP, of Wichita, for appellee.

Before HILL, P.J., KNUDSON, S.J., and LARSON, S.J.

KNUDSON, S.J.

Mark Nistler appeals the Workers Compensation Board's (Board) determination that he is not entitled to permanent partial disability benefits in excess of functional impairment. The issue presented on appeal is whether the Board erred in its determination that Nistler's post-injury wages are equal to or more than 90% of his average gross weekly wage earned at the time of the accident. We reverse the Board's decision and remand for a redetermination of...

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